HomeMy WebLinkAbout20060061 Ver 1_Approval Letter_20060413~~
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 13, 2006
Mr. Bill Wynn -Wynn Construction
Crosswind Properties, LLC
1696 Hayes Road
Creedmoor, NC 27522
Subject Property: Southfork Subdivision
Ford Creek [TARO1, 28-14, C, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0061
Granville County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Wynn:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.086 acres of wetland, 2501inear feet of stream and 13,137 square feet (ftZ)
of protected riparian buffers (9,387 square feet Zone 1, and 3,750 square feet Zone 2) for the purpose of
constructing a residential subdivision on the subject property as described within your application dated
December 16, 2005 and received by the N.C. Division of Water Quality (DWQ) on January 9, 2006, with
additional information received by the DWQ on February 8, 2006. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3404
(GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14 (NW 14) when issued by the
US Army Corps of Engineers (USAGE). This Certification replaces the Certification issued on February
13, 2006. This letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B .0259. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general•
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts: *~
401 Oversight/Express Review Permits Unit ~0~-
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733893 / Internet: htto://h2o.encstate. nc. us/ncwetlands
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Crosswind Properties, LLC
Page 2 of 3
April 13, 2006
Amount A roved Units Plan Location or Reference
404 Wetland 0.086 acres PCN a e 8 of 12
Stream 250 linear feet PCN a e 8 of 12
Zone 1 TPBR Buffer Im acts 9,387 s uare feet PCN a e 11 of 12
Zone 2 TPBR Buffer Im acts 3,750 s uare feet PCN a e 11 of 12
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the Nort/r Carolina
Sedime~it and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in tl~e most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;
Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
Crosswind Properties, LLC
page 3 of 3
April 13, 2006
I
3
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rofiles
~. Culvert Installation attern, and
ro'ect shall be installed in such crossnsectiontdhmensioins, ptream s shall be
Culverts required for this p J
are not altered. Existing stream dimensions (including t e revent head cutting of the
maintained above and below locae;l as to p ch culvert. Culve e re-
longitudinal profile) must be rade shall b
uatic life movement as w i0 riate stream g
designed and installed to allow fore are or become perched, the app P
ms. If any of the existing p P a erched manner, the pipes shall be removed and re-installed
strea
established or, if the pipes installe in P
correctly. adation or erosion of the stream
the cross section
Culvert(s) shall not be installed in such a ma streamad'mensions (including
Existing
u or down stream of the culvert final rofile) shall be maintained above and below locations of eac
p attern and longitud P
dimensions, p
culvert. laced below the
ulverts and other structures in wateres~streams, and wetlands must e p llow low flow
with a diameter~greater than 48 inches, and 20
Placement of c one foot for all cult'
elevation of the streambed by a diameter less than 48 inches, to a
f lacement of culverts and other structures including
ercent of the culvert diameter fe r Des gn and p g nner that may result in dis-
p uatic li
passage of water and aq
erosion control measures shall not be conducted to a ma
temporary ambeds or banks, adjacent to or upstuil'briaunm sh 11 bermaintained if ove
equilibrium of wetlands or stre rovide evidence that the eq
structures. The applicant is required to p
requested in writing by DWQ•
wood vegetation and other soft stream bank me hoidstilf ripcrap qs es
The establishment of native, y ecifically approved by the Division of
e used where practicable instead of rinpi bedounlessr pank hardening
must b laced in the strea
necessary, it shall not be p
Water Quality.
s in wetlands must ensure continuity of water movement and be destgne
Installation of culvert
to adequately accommodate high water or flood condition a and return the enclosed "Certificate of
ro ect, the Applicant shall complet 401 Certification has been
Upon completion of the p JNCDWQ when all work included in the §
Completion" form to notify shall complete the attached form andCt please°send photographs
completed. The responsible party u on completion of the prole tyitli the
Unit of the NC Division of Water Quality p
d dotvnstream of each culvert site to document correct installation a ong
upstream an orm.
Certificate of Completion f
g. Diffuse Flow (No Review)
conve ance outlets shall be directe hand maintained as diffuse flow a
hat it will not re-concentrate before
All constructed stormwater y rotected stream buffers suc 5 If this is not possible, it may
non-erosive velocities through the p en. This may require
' char ing into a stream as identified tithes t atare cons der ed to remove nitrog
dts g
be necessary to provide stormwater fact
additional approval from this Office.
9 Certificate of Com letion: Certification or applicable
letion of all work approved within the 40l Water Quality
Upon comp ent modifications, the applicant is required to return the attached
Buffer Rules, and any subsequ
Crosswind Properties, LLC
Page 4 of 3
April 13, 2006
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
Sincerely,
G~-~/~L~
Alan W. Klimek, P.E.
AWK/~m
Enclosures: GC 3404
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Alan Pytcher, Summit Consulting Engineers, 1000 Corporate Drive, Suite 101, Hillsborough, NC 27278
Filename: 060061 SouthforkSD(Granvi11e~01+TPBR_revised